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Woman belonging to a scheduled caste gangraped, prosecutrix on the case abducted

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Date : 16/07/2016

Petitioner Rajesh Jatav Vs State of Rajasthan [D.B. HABEAS CORPUS PETITION NO. 204/2016] Hon’ble High Court of Rajasthan at Jaipur bench Jaipur.

Victim, Rajesh Jatav, belongs to a Scheduled Caste. On 8/5/2016, his wife Pooja was gangraped. Victim’s family lodged an FIR under Section 323, 354C, 376 of IPC and u/s 3(1)(x), 3(2)(v) of SC/ST (POA) Act, 1989 along with FIR No. 117/2016 at Police Station Khairthal. On 9/6/2016, statement U/S 164 Cr.P.C was recorded that accused persons are threatening prosecutrix for compromising. They are also threatening her that if she does not compromise, they will abduct her. Pooja, the complainant, refused to compromise. On 11/7/2016, the accused persons abducted prosecutrix. Then, FIR No. 403/2016 dt. 2/8/2016 for the offence under section 366 of IPC & section 3 (1) (1) (G) SC/ST (POA) Act, was registered at the police station.

The HABEAS CORPUS PETITION is substantiated by one fact-finding done by a Dalit rights activist group, under Article 21 of the Constitution of India and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, which protects the rights of Dalit as citizen of India.

The petitioner prayed that the respondent release the prosecutrix, Pooja, from the illegal custody of the accused.

The Hon’ble High Court of Rajasthan heard the matter and called investigation officer.

Petitioner is Rajesh Jatav S/O Heera Lal, R/O Village Saurava, P.S. Khairthal Dist. Alwar, Rajasthan. He belongs to a Scheduled Caste. On 8/5/201, his wife, Pooja was raped by accused persons, victim family lodged an FIR under section 323, 354 C, 376 IPC and u/s 3 (1) (x), 3 (2) (v) SC/ST (POA) Act, 1989 vide FIR No. 117/2016 at Police Station Khairthal. On 9/6/2016, statement of Pooja’s recorded U/S 164 Cr.P.C by the ACJM Kishangarh Bas Dist. Alwar, that accused persons are threatening Pooja for compromise in this case. They are also threatening her that they will abduct her if she doesn’t assent to come to a compromise. However, she still refused. After that on 11/7/2016, while Pooja and smt. Premwati (Mother of Prosecutrix) were going to Sorawa village, at Kishangarh bus Stand, the accused persons namely, Rasid S/O Nijamuddin, Noor Mohammad S/o Deena, Isab S/o Deena, Ali Mohammad S/o Deena, Rajjak S/o Rahmat, Arasadeen S/o Rahmt, Islam S/o Deena, all of whom belonged to Mev caste, R/o Village Saurava, P.S. Khairthal Dist. Alwar, Rajasthan, came there in a white colored vehicle and forcibly took away Pooja with them towards Alwar. Premwati narrated the whole incident to Pooja’s in-laws and requested the accused to release her daughter. However, the accused refused. Premwati then, reported the matter by written application dt. 12/7/2016 at local Police station. She further filed a written report to S.P., Alwar. But police did not take any action in this regard. On 18/7/2016, Premwati filed a complaint for the offence under Section 366 IPC and u/s 3 SC/ST Act before the court of Special judge Alwar. This was forwarded under section 156(3) Cr.P.C to the SHO of Police Station of Kishangarh bas Alwar. On receipt of the complaint, the SHO registered the case against the accused persons; vide FIR No. 403/2016 dt. 2/8/2016 for the offence under section 366 of IPC & section 3 (1) (1) (G) SC/ST (POA) Act. In the complaint, the petitioner visited higher police authorities, submitted his grievances but still the investigating agency did not take any interest in the investigation of this case. They are in connivance with the accused persons and have spoilt the case for the prosecution. The local police has not got Pooja out from the illegal custody. Then, All India Dalit Mahila Adhikar manch referred this case to HRLN Office at Jaipur. After this, writ petition has been filed before the hon’ble High Court.
Current status
The main accused still remains in judicial custody. The prosecutrix is missing.

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